Definition: Law mandates paid or unpaid maternity leave is whether there is a law mandating paid or unpaid maternity leave available only to the mother. Provisions for circumstantial leave by which an employee is entitled to a certain number of days of paid leave (usually fewer than five days) upon the birth of a child are considered paternity leave; even if the law is gender-neutral, such leave is not considered maternity leave if the law covers maternity leave elsewhere.